Duty LXD-1605
Sends automated outreach, in Massachusetts
Telemarketing Solicitation Actsince 3 lines
Mass. Gen. Laws ch. 159C, §§ 1-3, 5A, 8, 9 · Read the law's page
- Do not place an unsolicited telephonic sales call to a consumer whose name and telephone number appear on the office's current no sales solicitation calls listing, call between 8 p.m. and 8 a.m. local time at the consumer's location, send the solicitation by fax, or use a recorded message device.
- Identify yourself, the company you are calling on behalf of, and the purpose of the call within the first minute of a telephonic sales call, before requesting, accepting, or arranging for payment, and disclose the ultimate seller's name and a complete and accurate description of the goods or services offered, including their retail value, plus the cost, any restrictions, and the refund and cancellation terms, before accepting payment.
- These duties apply only to an unsolicited telephonic sales call: they do not reach a call the consumer requested, a call primarily about an existing debt or unfinished contract, a call to your own existing customer of the previous 24 months who has not asked you to stop, a call whose sale is not completed until a face-to-face meeting, a tax-exempt nonprofit's call, or a noncommercial poll or survey.
Standards for disposal of records containing personal informationsince 4 lines
Mass. Gen. Laws ch. 93I, sec. 2 · Read the law's page
- This binds each agency or person that disposes of records containing personal information.
- Dispose of paper documents containing personal information by redacting, burning, pulverizing or shredding them so that personal data cannot practicably be read or reconstructed.
- Destroy or erase electronic media and other non-paper media containing personal information so that the personal information cannot practicably be read or reconstructed.
- If you are a third party hired to dispose of material containing personal information, implement and monitor compliance with policies and procedures that prohibit unauthorized access to or acquisition of or use of personal information during the collection, transportation and disposal of personal information.
Standards for the Protection of Personal Information of Residents of the Commonwealthsince 5 lines
201 CMR 17.01-17.05 · Read the law's page
- This binds any person that owns or licenses personal information about a Massachusetts resident, meaning any person or business that receives, stores, maintains, processes, or otherwise has access to it in connection with providing goods or services or in connection with employment; it reaches a business outside Massachusetts that holds a Massachusetts resident's personal information the same as one located here.
- Develop, implement, and maintain a comprehensive written information security program (WISP), in one or more readily accessible parts, with administrative, technical, and physical safeguards appropriate to your size, scope, resources, amount of stored data, and the sensitivity of the personal information you hold.
- Designate one or more employees to maintain the WISP; identify and assess foreseeable internal and external risks to personal information and evaluate whether your safeguards limit them; train employees; discipline violations; cut off a terminated employee's access to records; restrict and secure physical access to records; review the WISP's scope at least annually or after a material change in business practice; document your response to any security-breach incident; and select only third-party service providers capable of maintaining appropriate security measures, requiring those measures by contract.
- For personal information you store or transmit electronically, build a computer-system security program with secure user authentication, access controls limiting records to those who need them, encryption of records transmitted across public networks or wirelessly and of personal information stored on a laptop or other portable device, up-to-date firewalls and operating-system security patches for any internet-connected system, up-to-date malware protection, and employee training on the security system.
- There is no compliance runway left to build against: every covered person has been required to be in full compliance since .
Automatic Telephone Dialing Systems and Telephone Solicitation Disclosuresin force3 lines
Mass. Gen. Laws ch. 159, §§ 19B-19E · Read the law's page
- If you sell or use an automatic telephone dialing system in Massachusetts, defined as terminal equipment that stores or produces telephone numbers using a random or sequential number generator and can deliver a prerecorded message, design and operate it to prevent dialing any number a customer has asked their own common carrier not to call, and to automatically release the called party's line within five seconds after they hang up.
- If you are a common carrier, let a customer notify you, at no charge, that they do not wish to receive automatic-dialing-system calls, and offer that opportunity when their telephone is installed and at least once a year afterward.
- Before saying anything else besides a greeting, state your identity, the trade name of the person you represent, and the kind of goods or services you are offering, when soliciting a sale by telephone at a prospective buyer's residence, and do not use a plan, scheme, or ruse that misrepresents your true status or purpose for doing so.